GrubHub Faces California and Federal Overtime Pay Lawsuits

CHICAGO — Popular food ordering and delivery company GrubHub was recently served with a federal unpaid overtime lawsuit by former drivers claiming they were treated like employees rather than independent contractors.

Six plaintiffs from Connecticut, Illinois, Oregon, Pennsylvania, and New York are named so far but that number could balloon to thousands if enough workers from across the country join the claim.

By classifying their workers as independent contractors, GrubHub attempted to deny their employees various benefits, including overtime wages for time spent working over 40-hours per week. Under the Fair Labor Standards Act, regular non-exempt employees must be paid one and a half times their regularly hourly rate for overtime hours.

Drivers also claim that they made less than minimum wage after factoring in expenses for gas, maintenance, cell phone charges, and other expenses. The suit was filed in the U.S. District Courts Northern Illinois District and seeks compensation for unpaid overtime, attorney’s fees, and an injunction barring GrubHub from engaging in further overtime wage denial.

California Food Delivery Driver Overtime Lawsuit

In September 2016, a California class of GrubHub employees filed their own unpaid overtime lawsuit against the company for wage violations under state law. California has some of the most robust wage laws in the country and eligible claimants often bring lawsuits under state law rather than federal because their rights are strongly reinforced.

The plaintiffs in that suit filed their complaint in San Francisco Superior Court where it was certified as a class action by the judge overseeing the case. Those claimants also alleged they were treated as employees and not independent contractors and should have been entitled to numerous benefits including overtime pay.

Under state and federal laws, independent contractors must exercise certain levels of control over the way they perform their jobs. The IRS has a 20-point test to determine independent contractor status. Often times, workers are classified as independent contractors but due to heavy work schedules and other interactions with the employer they function as regular employees.

Independent Contractor Overtime Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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